Juvenile Courts
When a minor is accused of a crime, there is a slightly different set of rules that dictate how the courts will treat them. Juvenile courts usually handle most of the cases in which minors are charged.
Who goes to juvenile courts?
The age that determines whether or not a child will go to juvenile court is never set in stone, and it usually varies from state to state. In general those who are under the ages of 7-9 will often be considered too young. On the other hand, children who are older than 14 years of age might go to either juvenile or adult courts depending on the situation. Those that are in the middle, between the ages of 7-14 are typically the main ages that end up in juvenile court. A prosecutor needs to show that a young child is capable of forming criminal intent, even if it is not to the same extent as an adult.
There is often a lot of controversy on how minors should be treated with crime. Many believe that the courts should be tough on serious crimes even though they might be committed by young children. In the end, how the court treats the crime will depend on where the case is being handled and who is involved in its prosecution and judgement.
Many minors that commit crimes are not formally charged or taken to court. If the police officer believes that the offense is not serious enough, they might just give them a warning and set them free. They might also detain the child until a parent comes to pick them up.
Informal Charges
If the police decide to take the case to a juvenile court, the prosecutor will examine the case and decide whether to dismiss the charges, file formal charges, or reach some kind of other agreement through informal charges. When a prosecutor decides to make informal charges, the minor must meet with a probation officer and a judge to discuss the case. They will be given punishments including:
Lecturing
Community Service
Restitution of damages
Probation
Formal Charges
If formal charges are made, then a court date will be set and the case will proceed similarly to a criminal trial.
1. First the minor must go to an arraignment where the juvenile courts decide whether they should take the case or refer it to a criminal court.
2. The judge will examine many things, including the details of the crime and attitude of the minor. Violent crimes are more likely to be put in a criminal court.
3. If the case remains in juvenile courts, then the minor will most likely have a decision of getting a plea bargain or going to trial.
4. If the minor is found guilty at trial, the judge will decide an appropriate punishment.
5. Other hearings may be scheduled to ‘check up’ on how the minor is doing.
What determines whether there will be formal charges
There are a number of factors which determine whether or not the minor will face formal charges, including:
How serious the offense is
The age of the defendant
Any past criminal history
The evidence that connects the minor to the crime
Social history, such as school suspensions.
How the parents react to the minor
There are also factors that might affect the prosecutor’s decisions such as:
The demeanor of the minor Eg. A ‘bad’ attitude
The way the minor present themselves
Whether or not the minor has a criminal attorney
Having a criminal attorney
For many crimes that involve minors, simply hiring a criminal lawyer will show the courts that the minor is serious about answering the charges. Having an attorney present will have a great impact on a juvenile case. In addition, a criminal lawyer will know how to talk to the courts in order to get what is in the best interests of the minor. By getting a free case review from a criminal lawyer, they will be able to analyze your case and tell you what they can do to serve your interests and protect your rights as a juvenile.